Tag Archives: Virginia Court of Appeals

A hookah lounge is exempt no-smoking regulations under the Virginia Indoor Clean Air Act, as the business is classified as a retail tobacco store, the Court of Appeals holds on rehearing en banc. Appellant She-Sha Café and Hookah Lounge is ...

The General Assembly has not authorized the Workers’ Compensation Commission to recall a retired commissioner to sit on a review panel, and the Court of Appeals reverses the commission’s denial of benefits to a brain-injured claimant on the ground that ...

Despite overwhelming evidence that defendant committed two separate sexual assaults in 2008 and 2010, the trial court erred in trying the two cases together, as their dissimilarities were stronger than their similarities, and the Court of Appeals reverses defendant’s convictions ...

A mother whose four children were placed in foster care after the mother sexually abused the oldest child, and who sporadically attended supervised visitation, did not complete sexual offender treatment, did not follow through with a parenting capacity evaluation and ...

A defendant who molested his young cousin while staying with the family on college vacation breaks sexually “exposed” himself when he used the boy’s hand to touch defendant’s bare penis, and the Court of Appeals affirms defendant’s convictions of taking ...

At defendant’s trial on burglary and related charges, the trial court erred in admitting hearsay testimony on the cost of repairs to correct damage to the burgled house and the Court of Appeals reverses defendant’s conviction for damage of property ...

Assuming the trial court erred in declining to allow an additional witness testify that she had heard defendant tell his former girlfriend’s brother-in-law to stay off his property, the Court of Appeals says excluding the witness’s testimony was harmless error ...

A defendant arrested with more than 100 kilograms of marijuana he picked up from a warehouse can be convicted of possession with intent to distribute; the Court of Appeals upholds defendant’s conviction under Va. Code § 18.2-248(H)(4). On appeal, defendant ...

In construing a property settlement agreement that covered assets owned by the parties subject to equitable distribution, a trial court erred in granting wife an ED award from an account receivable owed to a corporation in which husband had a ...